Goose Hollow Foothills League v. Romney, Civ. No. 71-528.

CourtUnited States District Courts. 9th Circuit. United States District Court (Oregon)
Writing for the CourtALFRED T. GOODWIN
Citation334 F. Supp. 877
PartiesGOOSE HOLLOW FOOTHILLS LEAGUE, an unincorporated association, et al., Plaintiffs, v. George ROMNEY, individually and as Secretary of the Department of Housing and Urban Development, et al., Defendants, Portland Student Services, Inc., Intervening Defendant.
Decision Date08 December 1971
Docket NumberCiv. No. 71-528.

334 F. Supp. 877

GOOSE HOLLOW FOOTHILLS LEAGUE, an unincorporated association, et al., Plaintiffs,
v.
George ROMNEY, individually and as Secretary of the Department of Housing and Urban Development, et al., Defendants,
Portland Student Services, Inc., Intervening Defendant.

Civ. No. 71-528.

United States District Court, D. Oregon.

September 9, 1971.

On Motion for Injunctive Relief December 8, 1971.


334 F. Supp. 878

Charles J. Merten, Marmaduke, Aschenbrenner, Merten & Saltveit, Portland, Or., for plaintiffs.

Sidney I. Lezak, U. S. Atty., Jack G. Collins, First Asst. U. S. Atty., Portland, Or., for defendants.

Gerson F. Goldsmith, Goldsmith, Siegel & Engel, Portland, Or., for intervening defendants.

OPINION

ALFRED T. GOODWIN, District Judge:

Portland Student Services, Inc. (PSS), received a loan from the Department of Housing and Urban Development (HUD) for approximately $3,193,000 to build a 221-unit, 16-story high-rise apartment building in the Goose Hollow area of Portland.

On March 29, 1971, HUD advanced PSS $1,190,940. Construction had begun when plaintiffs brought this action against HUD and its Regional Administrator, alleging that because these defendants

334 F. Supp. 879
had failed to file an environmental-impact statement as required by the National Environmental Policy Act of 1969 (NEPA) § 102(2) (C), 42 U.S. C. § 4332(2) (C), the disbursal of federal money was illegal

The National Environmental Policy Act took effect January 1, 1970. It requires that all federal agencies "include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a detailed statement by the responsible official on—(i) the environmental impact of the proposed action * * *." 42 U.S.C. § 4332(2) (C). The statement must indicate the existence of any adverse environmental effects which cannot be avoided, as well as the alternatives to the proposed project.

Treating the proposed high-rise as a "major" project for purposes of Section 102(2) (C), defendants asked the borrower (PSS) to prepare a preliminary environmental worksheet. This worksheet was submitted to HUD on March 26, 1971. Three days later, the defendants filed a "negative statement," indicating that no environmental-impact statement was necessary.

The Act does not require an environmental-impact statement in every case in which a federal agency plans or finances a project. Echo Park Residents Comm. v. Romney (C.D.Cal. May 11, 1971). Statements are required by the Act if the proposed project is "major" and if it will have a "significant effect" upon the quality of the human environment.

Since HUD concedes that the PSS project is a "major" undertaking, the only question here is whether HUD acted arbitrarily in determining that the project would not have a "significant effect" upon the quality of the human environment.

In April 1970, the Council on Environmental Quality, established by Title II of NEPA, published its interim guidelines. These guidelines became final without important alteration in April of 1971. The...

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25 practice notes
  • City of Santa Clara, Cal. v. Kleppe, No. C-75-1574.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • 23 Julio 1976
    ...Volpe, 336 F.Supp. 886 (W.D.Wis.1971), aff'd, 466 F.2d 1027 (7th Cir. 1972) (de novo review); Goose Hollow Foothills League v. Romney, 334 F.Supp. 877 (D.Or. 1971) (arbitrary, capricious); Echo Park Residents Comm. v. Romney, 2 Env.L.Rep. 20337 (C.D.Cal.1971)...
  • Bowman v. City of Berkeley, No. A103980.
    • United States
    • California Court of Appeals
    • 20 Septiembre 2004
    ...judgments. (Maryland-National, supra, 487 F.2d at p. 1038, fn. 5, distinguishing Goose Hollow Foothills League v. Romney (D.Ore.1971) 334 F.Supp. 877 [scenic view]; Ocean View Estates Homeowners Assn., Inc. v. Montecito Water Dist., supra, 116 Cal.App.4th at p. 402, 10 Cal.Rptr.3d 451 [scen......
  • Rhode Island Com. on Energy v. General Serv. Admin., Civ. A. No. 74-272.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Rhode Island
    • 8 Julio 1975
    ...Ten Acres v. Kreger, 2 Env.L.Rep. 20305 (S.D. Ala.1972), rev'd, 472 F.2d 463 (5th Cir. 1973); Goose Hollow Foothills League v. Romney, 334 F.Supp. 877 (D.Or.1971); Echo Park Residents Committee v. Romney, 2 Env.L.Rep. 20337 (C.D.Cal.1971). 24 See, e. g., Minnesota PIRG v. Butz, supra; Wyomi......
  • People of Enewetak v. Laird, Civ. No. 72-3649.
    • United States
    • U.S. District Court — District of Hawaii
    • 19 Enero 1973
    ...1202 (D.Md. 1972); Northside Tenants Rights Coalition v. Volpe, 346 F.Supp. 244 (D.Wis. 1972); Goose Hollow Foothills League v. Romney, 334 F.Supp. 877 (D.Or.1971); Environmental Defense Fund v. Tennessee Valley Authority, 339 F.Supp. 806 (E.D.Tenn.1972); Stop H-3 Assoc. v. Volpe, 349 F.Sup......
  • Request a trial to view additional results
25 cases
  • City of Santa Clara, Cal. v. Kleppe, No. C-75-1574.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • 23 Julio 1976
    ...Volpe, 336 F.Supp. 886 (W.D.Wis.1971), aff'd, 466 F.2d 1027 (7th Cir. 1972) (de novo review); Goose Hollow Foothills League v. Romney, 334 F.Supp. 877 (D.Or. 1971) (arbitrary, capricious); Echo Park Residents Comm. v. Romney, 2 Env.L.Rep. 20337 (C.D.Cal.1971)...
  • Bowman v. City of Berkeley, No. A103980.
    • United States
    • California Court of Appeals
    • 20 Septiembre 2004
    ...judgments. (Maryland-National, supra, 487 F.2d at p. 1038, fn. 5, distinguishing Goose Hollow Foothills League v. Romney (D.Ore.1971) 334 F.Supp. 877 [scenic view]; Ocean View Estates Homeowners Assn., Inc. v. Montecito Water Dist., supra, 116 Cal.App.4th at p. 402, 10 Cal.Rptr.3d 451 [scen......
  • Rhode Island Com. on Energy v. General Serv. Admin., Civ. A. No. 74-272.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Rhode Island
    • 8 Julio 1975
    ...Ten Acres v. Kreger, 2 Env.L.Rep. 20305 (S.D. Ala.1972), rev'd, 472 F.2d 463 (5th Cir. 1973); Goose Hollow Foothills League v. Romney, 334 F.Supp. 877 (D.Or.1971); Echo Park Residents Committee v. Romney, 2 Env.L.Rep. 20337 (C.D.Cal.1971). 24 See, e. g., Minnesota PIRG v. Butz, supra; Wyomi......
  • People of Enewetak v. Laird, Civ. No. 72-3649.
    • United States
    • U.S. District Court — District of Hawaii
    • 19 Enero 1973
    ...1202 (D.Md. 1972); Northside Tenants Rights Coalition v. Volpe, 346 F.Supp. 244 (D.Wis. 1972); Goose Hollow Foothills League v. Romney, 334 F.Supp. 877 (D.Or.1971); Environmental Defense Fund v. Tennessee Valley Authority, 339 F.Supp. 806 (E.D.Tenn.1972); Stop H-3 Assoc. v. Volpe, 349 F.Sup......
  • Request a trial to view additional results

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